GA Bar Civil Procedure 2 — Questions and Answers
Question 1: Under Georgia's Civil Practice Act (O.C.G.A. § 9-11-12(a)), how many days does a defendant have to file an answer after service of the summons and complaint?
- 20 days
- 30 days (Correct answer)
- 45 days
- 60 days
Correct answer: 30 days
O.C.G.A. § 9-11-12(a) requires a defendant to serve an answer within 30 days after service of the summons and complaint upon the defendant.
Question 2: Under the Erie doctrine established in Erie Railroad Co. v. Tompkins, when sitting in diversity, federal courts must apply:
- Federal common law for all substantive and procedural issues
- State substantive law but federal procedural rules (Correct answer)
- The law of the state where the federal court is located for all issues without exception
- Federal law whenever it conflicts with state law on any issue presented
Correct answer: State substantive law but federal procedural rules
Erie Railroad Co. v. Tompkins (1938) held that federal courts exercising diversity jurisdiction must apply state substantive law while following federal procedural rules under the Federal Rules of Civil Procedure.
Question 3: Under FRCP Rule 26(a)(1), which of the following must be included in mandatory initial disclosures without a discovery request?
- The name, address, and telephone number of each individual likely to have discoverable information that the party may use to support its claims or defenses (Correct answer)
- Copies of every document in the disclosing party's possession potentially relevant to the case
- A complete statement of the disclosing party's litigation strategy and legal theories
- Finalized expert witness reports prepared before the disclosure deadline
Correct answer: The name, address, and telephone number of each individual likely to have discoverable information that the party may use to support its claims or defenses
Rule 26(a)(1)(A)(i) requires each party to disclose the identity and contact information of each individual likely to have discoverable information the party may use to support its claims or defenses.
Question 4: Federal supplemental jurisdiction under 28 U.S.C. § 1367 allows a federal court to hear state law claims that:
- Arise from a common nucleus of operative fact with claims over which the court has original jurisdiction (Correct answer)
- Have an amount in controversy independently exceeding $75,000
- Both parties agree should be consolidated and heard in federal court
- Would independently satisfy federal question jurisdiction under 28 U.S.C. § 1331
Correct answer: Arise from a common nucleus of operative fact with claims over which the court has original jurisdiction
Under 28 U.S.C. § 1367 and United Mine Workers v. Gibbs, supplemental jurisdiction extends to state claims that form part of the same case or controversy as the federal claim, meaning they share a common nucleus of operative fact.
Question 5: Under Georgia's doctrine of res judicata, a second lawsuit is barred when:
- The second lawsuit involves similar but not identical facts to the first lawsuit
- A court has rendered a valid final judgment on the merits of the same claim between the same parties or their privies (Correct answer)
- The parties have previously litigated any dispute in any forum or jurisdiction
- The first court had subject matter jurisdiction over the same general subject area as the second action
Correct answer: A court has rendered a valid final judgment on the merits of the same claim between the same parties or their privies
Georgia's res judicata doctrine bars re-litigation when there has been a final judgment on the merits between the same parties or their privies involving the same claim or cause of action.
Question 6: Under FRCP Rule 23(a), which of the following is NOT a prerequisite for maintaining a class action?
- Numerosity — the class is so numerous that joinder of all members is impracticable
- Commonality — questions of law or fact are common to the class
- Unanimity — all class members must consent to class treatment (Correct answer)
- Adequacy — the representative parties will fairly and adequately protect the interests of the class
Correct answer: Unanimity — all class members must consent to class treatment
Rule 23(a) requires numerosity, commonality, typicality, and adequacy of representation; unanimity of all class members is not required and would make class actions impractical.
Question 7: Georgia's Long Arm Statute (O.C.G.A. § 9-10-91) permits a Georgia court to exercise personal jurisdiction over a nonresident defendant who:
- Has ever visited Georgia for any business or personal purpose
- Transacts any business within Georgia or commits a tortious act or omission within Georgia (Correct answer)
- Is a resident of any state that shares a geographic border with Georgia
- Has signed a contract that is to be performed entirely outside the state of Georgia
Correct answer: Transacts any business within Georgia or commits a tortious act or omission within Georgia
O.C.G.A. § 9-10-91 extends Georgia's long arm jurisdiction to nonresidents who, among other acts enumerated in the statute, transact business in Georgia or commit a tortious act or omission within Georgia.
GA Bar Civil Procedure 2
Under Georgia's Civil Practice Act (O.C.G.A. § 9-11-12(a)), how many days does a defendant have to file an answer after service of the summons and complaint?